Title XVI, CONSERVATION, RESOURCES AND DEVELOPMENT

260.090. Proposed expenditure of federal funds in coming fiscal year requires itemized report to appropriations and the oversight division, committee on legislative research. — On or before the first Wednesday after the first Monday in January of each year, if the state environme…

260.095. Contracts between authority and political subdivisions, purpose. — Any municipality, public body, political subdivision or municipal corporation may enter into leases, contracts, releases, compromises and loan agreements with the authority for the purpose of developing e…

260.100. Authority member not personally liable on notes or bonds issued. — No member of the state environmental improvement and energy resources authority or any authorized person executing any notes or bonds authorized under sections 260.005 to 260.125 shall be liable personall…

260.1000. Citation of law. — Sections 260.1000 to 260.1039 shall be cited as the "Missouri Environmental Covenants Act". ­­-------- (L. 2007 S.B. 54) Effective 1-01-08

260.1003. Definitions. — As used in sections 260.1000 to 260.1039, the following terms shall mean: (1) "Activity and use limitations", restrictions or obligations with respect to real property created under sections 260.1000 to 260.1039; (2) "Common interest community", a condomi…

260.1006. Holder of an environmental covenant — department bound by covenant — rules for interests in real property. — 1. Any person, including a person that owns an interest in the real property, the department, or a municipality or other unit of local government, may be a holde…

260.1009. Contents of a covenant. — 1. An environmental covenant shall: (1) State that the instrument is an environmental covenant executed under sections 260.1000 to 260.1039; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe…

260.1012. Enforceability of covenants, criteria. — 1. An environmental covenant that complies with sections 260.1000 to 260.1039 runs with the land. 2. An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest…

260.1015. Use of real property subject to zoning laws and recorded instruments. — Sections 260.1000 to 260.1039 shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 260.1000 to 260.1039 regulating use of real property, or b…

260.1018. Copy of covenant to be provided, to whom. — 1. A copy of an environmental covenant shall be provided by the persons and in the manner required by the department to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real propert…

260.1021. Recording of a covenant, procedure. — 1. An environmental covenant and any amendment or termination of the covenant shall be recorded in every county or city not within a county in which any portion of the real property subject to the covenant is located. For purposes o…

260.1024. Covenants are perpetual, exceptions — department may terminate covenants, when. — 1. An environmental covenant is perpetual unless it is: (1) By its terms, limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent unde…

260.1027. Amendment or termination of a covenant, requirements — interest in property not affected by amendment. — 1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The department; (2) Unless this requireme…

260.1030. Civil action may be maintained, when — department to maintain regulatory authority. — 1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The department; (3) Any per…

260.1033. Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form. — 1. The department shall establish an activity and use limitation information system and ensure that it is maintained, that p…

260.1036. Inapplicability to storage tanks. — Sections 260.1000 to 260.1039 shall not apply to aboveground or underground storage tanks as defined in section 319.100. ­­-------- (L. 2007 S.B. 54) Effective 1-01-08

260.1039. Effect of act on certain federal laws. — As authorized in 15 U.S.C. 7002, as amended, sections 260.1000 to 260.1039 modify, limit, or supersede* the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, li…

260.1092. Federal law may preempt, when. — 1. If federal law establishes a national program for the collection and recycling of equipment and the department determines that the federal law substantially meets the purposes of sections 260.1050 to 260.1101, the department may adopt…

260.110. Statutory conflicts, which prevails. — The provisions of sections 260.005 to 260.125 shall prevail in the case of any conflict between sections 260.005 to 260.125 and any other provision of law, but any powers, duties and functions granted under the provisions of section…

260.115. Loans for energy resource development, requirements — fee charged, when — deposit in and use of energy resources insured loan fund. — 1. All loans authorized under section 260.035 for the development of energy resources shall be made only upon determination by the author…

260.1150. Citation of law — public benefit nonprofit corporation, purpose — powers — board, members — immunity from liability. (Iron, Jefferson, Madison, Reynolds, St. Francois, Washington and Wayne counties) — 1. This section shall be known and may be cited as the "Environmental…

260.120. Interest rate on loans. — 1. The authority may set, from time to time, the interest rates at which it shall make loans, keeping its interest rates at the lowest level consistent with its cost of operation and its responsibilities to the holders of its bonds, bond anticip…

260.125. Severability. — 1. If any provision of sections 260.005 to 260.125 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of sections 260.005 to 260.125 are valid unless the court finds the valid provisions of the statute are so es…

260.200. Definitions. — 1. The following words and phrases when used in sections 260.200 to 260.345 shall mean: (1) "Advanced recycling", a set of manufacturing processes for the conversion of recovered post-use polymers such as plastics into plastic and chemical feedstocks, raw …

260.203. Infectious waste, treatment of — hospitals, department of health and senior services to promulgate rules — transportation of — registration of hospitals — proper disposal, penalty — fee on delivery, exceptions — inspection fee, amount, fund, refund of, when. — 1. Any inf…

260.204. Permit for treatment of infectious waste, not to be issued, when. — No person shall be issued a permit to operate a facility for the treatment of infectious waste who in 1987 received a clean air permit and thereafter operated a facility for the treatment of infectious w…

260.205. Permit required to operate facility, and construction permit to construct facility, requirements, exceptions, fees — plans to be submitted — permits revoked or suspended, when — disclosure statement, requirements — inapplicability to advanced recycling facilities, when. …

260.206. Owner or operator shall provide quality assurance and quality control oversight of inspections during area closure, postclosure and corrective action plans, requirements — department may suspend, revoke or modify permit. — 1. The owner or operator of a solid waste dispos…

260.207. Permit not to be issued, when — notice to department of certain crimes, penalty for failure to notify — reinstatement, when. — 1. The department of natural resources shall not issue a permit to any person for the operation of any solid waste processing facility or solid …

260.208. Contracts with specified parties prohibited, when — notice of certain convictions required, penalty. — No city, county, district, authority or other political subdivision of this state shall enter into a contract or other arrangement for solid waste management services w…

260.209. Property acquired outside city, county or district for solid waste disposal, compliance with zoning ordinances required. — 1. Any district, city or county that acquires real or personal property in another incorporated city or in an unincorporated area of a county, by co…

260.210. Prohibited acts, exception — search warrants to issue, when — investigations, department may conduct, how — demolition waste, disposal of, requirements — building permits, notice of disposal of demolition waste required, form — exceptions — exceptions for Kansas City. — …

260.211. Demolition waste, criminal disposition of — penalties — conspiracy. — 1. A person commits the offense of criminal disposition of demolition waste if he purposely or knowingly disposes of or causes the disposal of more than two thousand pounds or four hundred cubic feet o…

260.212. Solid waste, criminal disposition of — penalties — conspiracy. — 1. A person commits the offense of criminal disposition of solid waste if he purposely or knowingly disposes of or causes the disposal of more than five hundred pounds or one hundred cubic feet of commercia…

260.213. Disclosure of landfill, sale of property, required. — No person may knowingly sell, convey or transfer title to any property that contains a permitted or unpermitted solid waste disposal site or demolition landfill, without disclosing to the buyer early in the negotiatio…

260.215. Solid wastes, how handled — duties of cities and counties — exemptions — charges, how stated, how collected. — 1. Except as provided in subsection 4 of this section, each city and each county or a combination of cities and counties shall provide individually or collectiv…

260.216. Solid waste disposal in receptacle of another, prohibited — penalty. — No person shall place in excess of one half of a cubic foot of solid waste, as defined in section 260.200, in any receptacle owned or used by any other person for the storage of solid waste prior to p…

260.220. Plans to be submitted, contents of — disapproval, effect of. — 1. Except as otherwise provided by subsection 4 of section 260.215, on or before January 1, 1976, each county and city shall submit to the department an officially adopted plan for a solid waste management sy…

260.221. Processed recycled asphalt shingles — definitions — use without permit, when. — 1. As used in this section, the following terms mean: (1) "Processed recycled asphalt shingles", recycled asphalt shingles that do not contain extraneous metals, glass, rubber, nails, soil, b…

260.225. Duties of department — rules and regulations, promulgation of, procedures — model solid waste management plans, contents — coordination with other state agencies. — 1. The department shall administer sections 260.200 to 260.345 to maximize the amount of recovered materia…

260.226. Closure of facility, plan to be submitted, contents — notice, when — financial assurance instrument, release of, when — exceptions. — 1. Each operator of a solid waste disposal area shall insure that the area is properly closed upon cessation of operations. Each operator…

260.227. Postclosure plan, contents — financial assurance instrument required — owner or operator of sanitary or demolition landfill to take corrective action, when — plan required — financial assurance, amount, form required, released when. — 1. The operator of a sanitary landfi…

260.228. Failure to implement closure, postclosure plan or corrective action plan, forfeiture of collateral, when. — 1. If the operator of a solid waste disposal area fails to properly implement the closure or postclosure plan or the corrective action plan required for a sanitary…

260.230. Department may order repairs, alterations, construction or reconstruction, when — injunctive relief, when. — 1. If the department finds that the storage, collection, transportation, processing or disposal of solid wastes subject to the provisions of sections 260.200 to 2…

260.235. Appeal, judicial review, procedure — injunction based on seriousness of threat to environment — performance bond required, forfeited, when. — Any person aggrieved by a forfeiture of any financial assurance instrument, civil or administrative penalty or denial, suspension…

260.236. Severability of provisions. — The provisions of this act* shall be severable and if any phrase, clause, sentence or provision of this act* is declared by a court of competent jurisdiction to be contrary to the constitution, the validity of the remainder of this act* and …